employee
Moscow, Moscow, Russian Federation
UDC 343.102
To apply the advantages of information and telecommunications technologies by the criminal community requires the adaptation of detective methods to new documentation requirements. Electronic surveillance, being an element in the international legal regulation, is becoming a promising tool to counteract cybercrime, but remains in legal uncertainty conditions in the Russian legal context. This fact determines the purpose of this study based on an analysis of the international legal acts, foreign legislation, and its application. It means to identify the optimal model for formalizing electronic surveillance in Russian law. General legal basis to identify electronic surveillance as an independent form of covert control is provided by international legal instruments and UN documents ratified by Russia. Their provisions permit the intercep-tion of information by using technical means, as well as remote access to information stored on electronic de-vices. Despite the diversity of approaches to the legal regulation of electronic surveillance in the United States and Western European countries (the United Kingdom, Germany, and France), the common thing is its legislative formalization as an independent investigative method with a detailed procedure for application, including judicial and institutional control. To improve detective activities in the context of digitalization can be achieved by normative fixation of electronic surveillance in Russian legislation. It makes possible to achieve comparability with international practices, strengthen legal guarantees of human rights, and streamline law enforcement while getting digital evidence.
detective operations, detective methods, cybercrime, electronic surveillance, digital evidence, information and telecommunications technologies
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